Florida State law requires
a parent or legal guardian of a minor seeking an abortion
to be notified 48 hours before the abortion is performed by
the physician performing the abortion or a referring physician.
Parents or legal guardians do not need to be notified prior
to your preliminary visit. The “48 hours in advance”
portion of the law can be waived by the parent or guardian.
This will allow the abortion to proceed without delay on the
same day of the notification. THIS LAW DOES NOT REQUIRE PARENTAL
CONSENT, just that a parent be notified. There are some exemptions
to this law. Minors who have had “the disability of
non-age” removed are exempted. This includes: a) Minors
who are currently or have been married, b) Minors with dependent
children, c) Minors who have been emancipated by court decree,
d) Minors who have obtained a judicial bypass. Documentation
is required for all of the above circumstances.
If you are a minor seeking an abortion at our clinic, you
must either bring your parent or legal guardian
with you to the actual abortion procedure appointment (along
with your photo ID, their photo ID, and official documentation
that they are your parent or legal guardian) or petition the
court for a judicial bypass. Unless you petition the court,
your parent or legal guardian must sign a form stating that
they are aware of your decision. They do not have to agree
with your decision but must be notified. You will need to
wait at least 48 hours after they sign the form, unless they
also sign a waiver of the 48 hour delay requirement which
will allow the abortion to proceed that day. If your parent
or guardian cannot be present to receive notification, these
forms can be filled out and notarized with proper documentation
prior to your appointment. The notary will need copies of
a) your identification, b) your parent or legal guardian’s
identification, c) a birth certificate or other document indicating
they are your parent or guardian, and d) a form that can be
obtained from the clinic to have notarized and returned to
our facility prior to your abortion.
A minor has the right to Judicial Bypass
which is an order allowing a doctor to perform an abortion
without notifying a parent or guardian. If the judge determines
that you are mature enough to make this decision on your own,
or that telling your parent or guardian is not in your best
interest, he/she may issue an order called a Judicial Bypass.
The court document(s) must be provided to North Florida Women’s
Health and Counseling Services, Inc. prior to your procedure.
Before applying for a Judicial Bypass you need to inform yourself
about abortion procedure(s), alternatives to abortion, potential
risks and complications, and how to care for yourself afterwards.
You may also be asked about your plan to prevent unintended
pregnancy in the future. To apply for a judicial bypass you
may contact the Path Project of Florida at
1-877-352-7284 or on the web at
www.pathproject.net. The Path Project will provide legal
services at no cost to you and you will not be required to
pay any court fees. You would still be responsible for paying
for the abortion procedure.
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